USA v. Robert Collins, No. 07-1201 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence in bankruptcy fraud prosecution was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1201 ___________ United States of America, Appellee, v. Robert J. Collins, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: May 4, 2007 Filed: May 29, 2007 ___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges. ___________ PER CURIAM. Robert Collins pleaded guilty to making a false oath in a bankruptcy proceeding in violation of 18 U.S.C. § 152(2). Subject to an advisory Guidelines range of 6-12 months in prison, Collins requested probation with 6 months of home detention in view of his age (63), ill health, and lack of any prior criminal history. Noting the persistence of Collins s dishonesty and fraud in this case, as well as his personal circumstances, the district court1 imposed a sentence of 6 months in prison, 3 years of supervised release, and restitution of $190,000. 1 The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska. On appeal, Collins argues that the sentence is unreasonable because the relevant factors of 18 U.S.C. § 3553(a) indicate a lesser sentence would be sufficient to meet federal sentencing goals. We conclude, however, that the sentence is not unreasonable. See United States v. Booker, 543 U.S. 220, 261-62 (2005). The sentencing transcript reflects that the district court properly considered relevant sentencing factors in choosing incarceration rather than home detention. See United States v. Bryant, 446 F.3d 1317, 1319 (8th Cir. 2006). Accordingly, we affirm. ______________________________ -2-
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